Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15895 of 2019 Arising Out of PS. Case No.-501 Year-2018 Thana- SONEPUR District- Saran ====================================================== ANIL KUMAR Son of Late Dhuri Ray Residence of Village-Sabalpur Chaharam Presently Sabalpur Kachahari Bazar, Police Station-Sonepur, District-Saran at Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2019 The petitioner apprehends his arrest in connection with Sonepur P.S.Case No. 501 of 2018 registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that police received information that petitioner had kept illegal wine in the Gumti situated at Sabalpur Kachari Bazar, Sonepur for sale. The police raided the place and caught hold one Raushan Kumar in drunken condition near the Gumti of the petitioner and recovered in total 2.5 litres of foreign liquor from there. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated on the basis of confessional statement of co-accused namely Raushan Kumar. He further submits that quantity of

Patna High Court CR. MISC. No.15895 of 2019(4) dt.15-07-2019 2/2 recovery of liquor is very small as such petitioner deserves privilege of anticipatory bail.

After having heard learned counsel for the parties and taking into consideration the fact that illicit liquor/bear has been recovered from the Gumti of the petitioner and there is no denial of the fact that Gumti belong to the petitioner as such a prima facie case under the Excise Act is made out against the petitioner. Therefore, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected.

(Anil Kumar Sinha, J) sujit/- U T